The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-04-19
I'll at Troubiesome Law.

WASHINGTON, April 18.-In reply to
Bishop Knickerbocker, of indianapolis
who inquired as to the right of rail-
70 ads 10 transport missionaries at spec
ial rates, the Commission whites that
1t has no power in the premises. There
is no doubt" Judge Cooley says. "of
the right of the railroads to grant
special privileges TO religious teach
what they will do, they can scarcely be
said to incur the risk of penalties. The
penalties are for wilful violations of the
law, and not for errors of judgment. :"
Replies of similar purport have been
made With respect to transporting per-
sons as acts of charity. Judge Cooley
has addresse the following letter TO
Hon. Il. s. MUD on, Acting Secretary
of the Interior:
Dear Sira-The Interstate commerce
commission acknowledge the receipt
from you of the communication asking
for its opinion upon the questions fol-
lowing:
First-Is it lawful, under the inter-
State commerce act, for common car
rier to make special rates to individuals,
in order that such individuals may Of
fer and make proposals to this depart
ment for the transportation of Indian
supplies.
Second-Whether transportation over
the lines of common carriers of
Indian goods for and on behalf of indi-
v1duals with whom contract may be
made by this department for their
sportatIonfrom the place of pur
chase to the ultimate de stination will
be considered and held as carriage,
storage or handling OF property at re-
I'duced rates Tor the United States. under
merce act. The facts upon which
the questions arise are given in your
communication, aud appear TO be the
following: That government contracts
for the delivery of supplies needed for
Indian service, at New York, Chicago
and other points, then advertised for
bids for the transportation of'supplies
from the points of purchase to
the point where they are to be
made use Of. This is a sufficient state
ment for the purposes of an answer.
The commission directs me to say to
you that it does not understand it has
any general power to construe the stat
ute which il has organized for the pur-
pose of guiding and con rolling the &C
tions OF individuals IN either private
business or public duties, lest. when the
complaints under the law are brought
to its attention, or when the relief
which is in its power to grant
is prayed. The commission has, there
fore, uniformly> declined to express
opinions on abstract questions of con-
struction at the request of private citi-
zens or organizations. Deeming it
alike proper and prudent to do so, in
Difference to the department of govern
ment, inclines the commission to make
an exception of your request, especially
as the doubt regarding the rights of
government might seriously affect the
bids for transportation which are to be
called for. Coming to the question,
then, l am further directed to say, in
lis view the statement made by you
of the facts constitutes of itself COM
piete answer. The supplies, as you
show, are delivered to the government
at the points designated, and they are
then transported at the cost of govern
ment to the points where they, are to be
made use of. The transportation is.
therefore, 'for the United States" in
the words of the Interstate commerce
law. and it is immaterial that it is done
by contract or that government re-
ceives the benefit of free or reduced
rates, as it must be presumed to do
when the bids are made in reliance
upon the expectation that such rates
will be granted.